HomeMy WebLinkAbout2006-156 Council Resolution•
Council Member O'Donnell introduced the following resolution and moved its
adoption:
CITY OF LINO LAKES
RESOLUTION NO. 06 -156
RESOLUTION APPROVING THE AMENDMENT TO THE CONSERVATION
EASEMENT COVENANTS AND RESTRICTIONS FOR FOXBOROUGH
WHEREAS, the City Council accepted a conservation easement and approved the final
plat for Foxborough with Resolution 05 -121, and;
WHEREAS, the City of Lino Lakes, Royal Oaks Realty, and the Foxborough
Homeowner Association executed a Conservation Easement, Covenants and Restrictions
( "CECR "), which CECR was recorded in the office of the County Recorder for the
County of Anoka, State of Minnesota, on January 11, 2006 and recorded as Document
No. 1981199, and;
WHEREAS, the three parties wish to amend the CECR;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino
Lakes hereby approves amending the CECR as indicated in the "Amendment To
Conservation Easement, Covenants and Restrictions" (Attachment A).
Adopted by the Lino Lakes City Council this 25th day of September , 2006.
ATTEST:
iTi ' e artell, Cit Cle
J. B: geso" , Mayor
Adopted by the Lino Lakes City Council this 25thday of Sept , 2006.
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Stoltz and upon vote being taken thereon, the following
voted in favor thereof:
O'Donnell, Stoltz, Carlson, Reinert, Bergeson
The following voted against same:
None
Whereupon said resolution was declared duly passed and adopted.
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ATTACHMENT A
TO RESOLUTION 06 -156
AMENDMENT TO CONSERVATION EASEMENT,
COVENANTS AND RESTRICTIONS
THIS AMENDMENT TO THE CONSERVATION EASEMENT, COVENANTS AND
RESTRICTIONS ( "CECR ") is made effective this day of , 20 ,
by Royal Oaks Realty, Inc., a Minnesota corporation ( "Developer "), Foxborough Homeowner
Association, a Minnesota nonprofit corporation ( "Homeowner Association ") and the City of
Lino Lakes, a municipal corporation organized under the laws of the State of Minnesota ( "City ").
Recitals
WHEREAS, Developer is the owner of real property located in the City of Lino Lakes,
County of Anoka, State of Minnesota, and legally described as follows:
Lots 1 through 4, Block 1; Lots 1 through 7, Block 2; Lots 1 through 5, Block 3;
Lots 1 through 5, Block 4; Lots 1 through 13, Block 5; Lots 1 through 3, Block 6;
Lots 1 through 3, Block 7; Lots 1 through 15, Block 8; Lots 1 and 2, Block 9;
Outlots A, B, C, D, and E; all in Foxborough, City of Lino Lakes, County of
Anoka, State of Minnesota, according to the recorded plat thereof,
(the "Property);
WHEREAS, the parties executed a Conservation Easement, Covenants and Restrictions
( "CECR "), which CECR was recorded in the office of the County Recorder for the County of
Anoka, State of Minnesota, on January 11, 2006 and recorded as Document No. 1981199.
WHEREAS, Developer, Homeowner Association and City wish to amend the CECR as
further detailed herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Developer, Homeowner Association and City hereby agree as
follows:
STPL- Word:86886.1
• herein. 1. Recitals Incorporated. The foregoing recitals are incorporated as if fully stated
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2. Amendment. Paragraph 4D of the CECR is hereby amended to read as follows:
D. Structures. No manmade structures including, without limitation, storage
sheds, gazebos, patios, and concrete walkways, will be permitted within
the Conservation Area, except for the manmade structures which are part
of the storm water management system and which were installed by
Developer or which are repaired, replaced or improved pursuant to the
Conservation Plan and except for the entrance monument constructed by
Developer on Outlot C.
3. Remaining Terms. All of the remaining terms, definitions and conditions of the
CECR, except as expressly amended by this Amendment, shall remain unchanged and shall
remain in full force and effect.
[The remainder of this page has been intentionally left blank]
STPL- Word:86886.1 2
. IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of
the date first appearing above.
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STATE OF MINNESOTA
COUNTY OF
ROYAL OAKS REALTY, INC.
By:
Its:
CITY OF LINO LAKES
By:
Its: Mayor
By:
Its: City Clerk
FOXBOROUGH HOMEOWNER
ASSOCIATION
By:
Its:
The foregoing instrument was acknowledged before me this day of
, 20, by , the
of Royal Oaks Realty, Inc., a Minnesota corporation, on behalf of the corporation.
STPL- Word:86886.1 3
Notary Public
410
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by , the Mayor of the City of Lino
Lakes, and by , the City Clerk of the City of Lino Lakes, a
Municipal corporation organized under the laws of the State of Minnesota, on behalf of the City.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was
, 20, by
of Foxborough Homeowner Association,
corporation.
This instrument was drafted by and
please return to:
Notary Public
acknowledged before me this day of
, the
a Minnesota nonprofit corporation, on behalf of the
Felhaber, Larson, Fenlon & Vogt, P.A. (TJH)
444 Cedar Street, Suite 2100
St. Paul, Minnesota 55101 -2136
STPL- Word:86886.1
4
Notary Public